John Paul Williams scheduled for another hearing

Man accused of murder, abuse of corpse

A man accused of a November 2009 murder, in which he allegedly dismembered the body, is scheduled for another review hearing 2 p.m. Aug. 29 in the Fremont County Courthouse.

The hearing originally was slated for 8:30 a.m. Monday, with the purpose to decide whether or not John Paul Williams is likely to restore competency in the foreseeable future in order to continue.

A June 11 hearing revealed that the latest evaluation from the state hospital in Pueblo determined that Williams, 62, is not competent to proceed with any changes in the case.

The hearings stem from an investigation into the murder of Rebecca Magallanes, 44, who reportedly had a lengthy, intimate relationship with Williams.

Williams formally was charged in August 2010 with three felony charges and one misdemeanor: first-degree murder-domestic violence, first-degree assault-domestic violence, tampering with physical evidence and abuse of a corpse.

Williams was arrested July 23, 2010, in Penrose and has since been housed at the Colorado Mental Health Institute in Pueblo.

Magallanes was reported missing Dec. 10, 2009, when her supervisor at St. Thomas More Hospital reported that she had not returned to work since Nov. 16.

A torso was discovered in November 2009, near Wetmore in Custer County, and a skull was discovered in November 2010 two miles into Teller County. DNA confirmed both of the body parts had belonged to Magallanes.

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Autopsy results indicated the head, arms and legs of the body had been removed by a saw, and there was a possible gunshot wound to the chest. The skull also had a hole between the eye-sockets of the skull, which could be a characteristic of a bullet hole, Teller County Coroner Dr. Earl Byrne said. Investigators believe the murder happened in Fremont County.

An arrest affidavit indicated forensic evidence, including blood, hair and possible weapons, were found in a storage unit rented by Williams.

On Dec. 4, 2009, Williams suffered a left hemisphere stroke, which damaged his ability to understand and use language. He was found incompetent to continue in court proceedings during a November 2010 court date. At that time, District Attorney Thom LeDoux said this finding does not mean Williams is not guilty by reason of insanity, only that he is unable to either mentally understand what is going on or to assist his attorney in his defense.

In August 2011, former District Judge Julie Marshall accepted a report from the Colorado Mental Health Institute again, stating that Williams was deemed incompetent. In February 2012, officials at the institute determined there is no probability that Williams will be returned to competency.

In March 2012, Dr. Rose Manguso, a forensic neuropsychologist at the Colorado Mental Health Institute, testified that she had conducted five evaluations of Williams since he came to the institute, but Judge Marshall denied a request to terminate the criminal proceedings.

Wednesday, public defender Riley Selleck argued that having a competency hearing every 90 days for an indeterminate period of time is unconstitutional, and said eventually, the defense will file to terminate the proceedings.

District Judge David Thorson said the defense has not yet provided the burden of proof that Williams will not regain competency.

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